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(영문) 서울서부지방법원 2013.07.12 2013고단551
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, who is the actual manager of Pyeongtaek-si Co., Ltd., has established the Seoul office in the fiveth floor of Mapo-gu Seoul E-building and employed 35 full-time workers, and was engaged in the wholesale and retail business of mountain, sports, and clothing goods.

When a worker retires, the employer shall pay the wages, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.

1. The Defendant unpaid wages did not pay KRW 4,672,045, which included the total amount of wages of KRW 1,833,345, including the amount of wages of KRW 1,833,34, on September 1, 2012, to the employee F retired after having worked in the said company from July 11, 201 to November 5, 2012, within 14 days from the date when the cause for such payment occurred.

In addition, the Defendant did not pay the total amount of KRW 16,765,102 to 7 workers, as shown in the attached list of crimes (1), Nos. 4, 13, 14, 18, 21, and 23, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. The Defendant who was not paid a retirement allowance did not pay KRW 2,378,202 to the retired worker F, as set forth in paragraph 1, within 14 days of the occurrence of the cause for such payment.

In addition, the Defendant did not pay the total amount of 27,594,232 of the retirement allowances for 8 employees, as shown in the attached list of crimes (2) Nos. 3, 7, 11, 12, 14, 17, 20, and 21, within 14 days from the date of retirement without agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G;

1. Application of Acts and subordinate statutes to each wage ledger, certified transcript of corporate register, employment insurance inquiry details, transaction details of passbooks by each individual, and calculation statements of retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 109(1) and 36 of the same Act, Article 44 Subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and each fine shall be selected.

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